In re Alina S.

Full title: In re ALINA S., a Person Coming Under the Juvenile Court Law. SAN DIEGO…

Court: California Court of Appeals, Fourth District, First Division

Date published: Mar 30, 2010

No. D056254 (Cal. Ct. App. Mar. 30, 2010)

Opinion

In re ALINA S., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. S. S., Defendant and Appellant. D056254 California Court of Appeal, Fourth District, First Division March 30, 2010

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. J517122, Peter L. Fagan, Referee.

HALLER, Acting P. J.

S.S. appeals the findings and orders entered at the termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks this court to exercise its discretion to review the record for error.

In In re Sade C., the California Supreme Court held review pursuant to People v. Wende (1979) 25 Cal.3d 436 is unavailable in "an indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting [his] custody of a child or [his] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny his requests to review the record for error and to address his Anders issues. (Anders v. California (1967) 386 U.S. 738.)

Citing In re Phoenix H. (2009) 47 Cal.4th 835, S.S.'s counsel also asks this court to exercise its discretion to provide S.S. the opportunity to file a supplemental brief in propria persona. The request is denied.

DISPOSITION

The appeal is dismissed.

WE CONCUR: McDONALD, J.AARON, J.